Expert Testimony -- 2005



CSX Transportation, Inc. v. Miller   (Maryland Court of Appeals)

Admissibility of expert testimony

TThe NAM joined with Maryland Defense Counsel, Inc. supporting CSX's appeal concerning the admissibility of testimony by witnesses who claim to be experts. Our brief argues that Maryland courts should apply more stringent criteria than simply whether an expert's methods have gained "general acceptance." Rather, the more recent Maryland Rules of Evidence require that expert testimony be both relevant and reliable, and the Supreme Court's decision in Daubert provides guidance to help courts apply these criteria. The case involves whether witnesses may testify about whether an employee's arthritis was caused by his job. The court did not reach the issue and dismissed the appeal as improvidently granted.